Two female travelers turned to Mediation following a Caribbean stay, claiming they had endured degraded accommodation conditions. They were requesting a full refund of their trip.
The clients had booked a package tour with a travel agency for a stay at a seaside establishment. They report several difficulties encountered on site that, in their view, affected the quality of the stay.
They specifically mention sanitary conditions that they deem degraded, as well as a strong presence of sargassum along the coast, making swimming difficult and limiting access to the hotel’s outdoor spaces. They also report material inconveniences after swimming and substantial stress that, upon their return, led to medical examinations.
They further indicate that they could not alert the agency on site due to connectivity problems.
They believe they were deprived of the normal enjoyment of their stay and request a full refund of the services.
In response, the travel agency states that the establishment had been selected by the clients with full knowledge. It notes that the presence of sargassum is a natural phenomenon in this geographic area, which can be amplified by recent weather conditions. It also argues that no complaint was made during the stay despite exchanges with the agency’s staff.
The clients had booked a package tour with a travel agency for a stay at a seaside establishment. They report several difficulties encountered on site that, in their view, affected the quality of the stay.
They specifically mention sanitary conditions that they deem degraded, as well as a strong presence of sargassum along the coast, making swimming difficult and limiting access to the hotel’s outdoor spaces. They also report material inconveniences after swimming and substantial stress that, upon their return, led to medical examinations.
They further indicate that they could not alert the agency on site due to connectivity problems.
They believe they were deprived of the normal enjoyment of their stay and request a full refund of the services.
In response, the travel agency states that the establishment had been selected by the clients with full knowledge. It notes that the presence of sargassum is a natural phenomenon in this geographic area, which can be amplified by recent weather conditions. It also argues that no complaint was made during the stay despite exchanges with the agency’s staff.
What the texts say:
Legally, Article L.211-16 of the Tourism Code provides the professional’s strict liability for carrying out the services included in a package holiday, unless it is proven that the damage resulted from the traveler, a third party, or exceptional and unavoidable circumstances. Article L.211-8 also imposes a clear and complete pre-contractual obligation to inform about the essential characteristics of the stay.Because the sargassum phenomenon is a known and recurring natural event in the area, it should have been the subject of clear and intelligible prior information from the professional, in order to allow travelers to book with full knowledge.
If this natural phenomenon itself is not, by itself, capable of giving rise to compensation, provided that it does not constitute a fault attributable to the professional, the lack of prior information is treated differently.
Indeed, it is this formal lack of information on an essential feature of the stay that can engage the professional’s liability and justify compensation. The file also shows that the presence of sargassum indeed altered the conditions for using the coast and the establishment’s outdoor spaces, thus partially affecting the quality of the services.
What the Tourism and Travel Mediation recommends:
Since the stay has already been consumed, a full refund cannot be considered. The Mediation also notes that it is not competent to rule on medical or bodily damages claimed.
Under these conditions, and in order to amicably settle the dispute, the MTV recommends granting compensation in the form of a credit, based solely on the lack of prior information regarding the presence of the sargasses.
Under these conditions, and in order to amicably settle the dispute, the MTV recommends granting compensation in the form of a credit, based solely on the lack of prior information regarding the presence of the sargasses.
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